Does a party forfeits its right to seek dismissal of an action for delay in bringing the matter to trial by failing to file a motion to dismiss before trial?

California courts have repeatedly held that a party forfeits its right to seek dismissal of an action for delay in bringing a matter to trial by failing to file a motion to dismiss before the trial. (See Seaboard Mills, supra, 207 Cal.App.2d at p. 104 [stating that because defendant did not file motion to dismiss prior to summary judgment, "[t]he mandatory five-year provision of . . . [former ] 583 [current 583.310], applying prior to trial can have no application"]; Butler v. Hathcoat (1983) 146 Cal.App.3d 834, 840

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